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ARTICLE · 29 NOVEMBER 2022

Criminal records and spent convictions in Victoria

The Spent Convictions Scheme allows offenders an opportunity to remove convictions from their criminal record.

AustraliaCriminal Law

For many clients facing criminal charges for the first time, a primary concern is the implications and consequences of having a criminal record. Until recently, the only way to avoid a criminal record in Victoria when accepting responsibility for committing a crime was through a Criminal Justice Diversion Program ('Diversion'). However, the enactment of the Spent Convictions Act 2021 (Vic) now creates further opportunities for people pleading guilty to criminal offending to avoid having it form part of their criminal record.

Criminal Records

Having a criminal record can affect people in two main ways. Firstly, it can be accessed by police when investigating future suspected criminal activity and replied upon in subsequent criminal proceedings against you. Secondly, and of most common concern, is that your criminal record may appear on official police records requested by you, such as a National Police Check.

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